Cheryl A. DeMelo v. Richard P. Zompa

Summary

The Rhode Island Supreme Court affirmed the dismissal of Cheryl A. DeMelo's divorce complaint, holding that she failed to establish the existence of a common-law marriage with Richard P. Zompa by clear and convincing evidence. The court also upheld the trial justice's decision to strike her post-trial memorandum because it included evidence not introduced at trial. The court concluded that the parties' conduct and documentation did not demonstrate serious intent to marry or a community reputation as husband and wife.

Holdings

1. The Family Court did not abuse its discretion in striking DeMelo's post-trial memorandum because, after the parties had rested, she could not use a memorandum to introduce additional evidence that was not part of the trial record.
2. DeMelo failed to establish a common-law marriage because the evidence did not clearly and convincingly demonstrate serious intent to enter a husband-wife relationship, that she considered herself married, or that the parties held themselves out to the community as husband and wife.

Questions Presented

1. Whether the Family Court abused its discretion by striking DeMelo's post-trial memorandum and attached materials that had not been admitted into evidence.
2. Whether the Family Court erred in finding that DeMelo failed to prove the existence of a common-law marriage by clear and convincing evidence.

Disposition

affirmed